sdj-51st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, April 2, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Greg Varndell, Senior
Pastor, Fairlawn Baptist Church, Parkersburg, West Virginia.
Prayer was offered by the St. Agnes Kindergarten Class,
Charleston, West Virginia, who then proceeded in the singing of
"Take Me Home, Country Roads".
Pending the reading of the Journal of Wednesday, April 1,
2009,
On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2114--A Bill to amend and
reenact §48-14-407 and §48-14-501 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
section, designated §48-15-506, all relating to child support
source of income; authorizing the Bureau of Child Support
Enforcement to commence a contempt action against a source of
income; providing penalty for sources of income failing to
withhold; and providing a specific action for source of income
contempt.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2170--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Commerce; legislative
mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing the Development Office to
promulgate a legislative rule relating to brownfield economic
development districts; authorizing the Division of Labor to
promulgate a legislative rule relating to packaging and labeling;
authorizing the Division of Labor to promulgate a legislative rule
relating to a method of sale of commodities; authorizing the
Division of Labor to promulgate a legislative rule relating to the
West Virginia Manufactured Housing Construction and Safety
Standards Board; authorizing the Division of Labor to promulgate a
legislative rule relating to weights and measures calibration fees;
authorizing the Division of Labor to promulgate a legislative rule
relating to standards for weights and measures inspectors adoption
of National Conference of Weights and Measures (NCWM) Handbook 130,
1987 edition; authorizing the Division of Labor to promulgate a
legislative rule relating to the Amusement Rides and Attractions
Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act; authorizing
the Division of Labor to promulgate a legislative rule relating to
the supervision of elevator mechanics and apprentices; authorizing
the Division of Natural Resources to promulgate a legislative rule
relating to boating; authorizing the Division of Natural Resources
to promulgate a legislative rule relating to deer hunting;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to lifetime hunting, trapping and fishing
licenses; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to hunting, trapping and
fishing license and stamp fees; and authorizing the Division of
Tourism to promulgate a legislative rule relating to the direct
advertising grants program.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2359--A Bill to amend and
reenact §19-25-5 of the Code of West Virginia, 1931, as amended,
relating to defining "spelunking" as a recreational purpose and
activity for which a landowner's liability for injury is limited.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2388--A Bill to repeal §19-
23-27, §19-23-28 and §19-23-29 of the Code of West Virginia, 1931,
as amended, be repealed; to amend and reenact §6-7-2a of said code;
and to amend and reenact §19-23-4, §19-23-5, §19-23-6, §19-23-15,
§19-23-16 and §19-23-17 of said code, all relating to the
organization of the Racing Commission; establishing the criteria
for membership; creating the position of director of racing;
establishing the qualification of the director of racing;
permitting the director to hire a staff; providing a compliant
procedure; and requiring the use of the administrative procedures
act to conduct a hearing and providing an appeal procedure.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2457--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §33-16-18, relating to requiring insurers
issuing group accident and sickness insurance policies to certain
employers to furnish claims loss experience to policyholders upon request of a policyholder; and identifying the claims loss
experience information to be provided.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2686--A Bill to amend and
reenact §21-3-10a of the Code of West Virginia, 1931, as amended,
relating to employee work breaks; requiring twenty consecutive
minutes for meal breaks; and requiring ten minute rest periods for
certain employees during each four hours of work.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2695--A Bill to amend and
reenact §20-2-57 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto two new sections,
designated §20-2-57a and 20-2-57b, all relating to duties and
conduct by a hunter while hunting and related offenses; amending
crimes and penalties for negligent shooting of animals and damage
to property by a hunter while hunting; amending crimes and penalties for negligent shooting of another person by a hunter
while hunting; amending reporting requirements; requiring hunter
responsible for shooting another person to render aid to the
injured person; creating misdemeanor and felony offenses for
failing to render aid to the injured person; prohibiting hunting
while intoxicated; creating misdemeanor offense of hunting while
intoxicated; creating misdemeanor and felony offenses for shooting
and wounding or killing another person while hunting under the
influence of alcohol, controlled substances or drugs; providing for
the suspension of hunting and fishing license for violations; and
criminal penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2723--A Bill to amend and
reenact §8-13-13 of the Code of West Virginia, 1931, as amended,
relating to authorizing municipalities to file liens for delinquent
service fees; requiring municipal ordinances to have assessment and
collection procedures for the service fees; requiring
administrative procedures by municipalities for imposition of
liens; and requiring the right to appeal to circuit court.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2781--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-24-11c, relating to providing a tax credit
for obtaining certain certifications by the United States Green
Building Council Leadership in Energy and Environmental Design
(LEED) green building rating system or the Green Globes Building
Initiative green building rating standard.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2788--A Bill to amend and
reenact §61-2-29 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§61-2-29a, all relating to a care giver causing financial harm or
physical injury to an incapacitated adult; defining terms;
establishing and revising criminal penalties for neglect and abuse
causing injury and serious injury to an incapacitated adult; and revising current penalties for misappropriation or misuse of funds
or assets of an incapacitated adult.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2819--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional
conduct; authorizing the Commissioner of Agriculture to promulgate
a legislative rule relating to a schedule of charges for inspection
services: fruit; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to animal disease control;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the disposal of dead poultry;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to commercial feed; authorizing the Board
of Architects to promulgate a legislative rule relating to the fees
for registration of architects; authorizing the Board of Architects
to promulgate a legislative rule relating to the registration of
architects; authorizing the Board of Dental Examiners to promulgate
a legislative rule relating to the Board; authorizing the Board of
Dental Examiners to promulgate a legislative rule relating to the
formation and approval of dental corporations; authorizing the
Governor's Committee on Crime, Delinquency and Correction to
promulgate a legislative rule relating to law enforcement training
standards; authorizing the Board of Medicine to promulgate a
legislative rule relating to licensure, disciplinary, complaint
procedures, continuing education, and physician assistants;
authorizing the Board of Medicine to promulgate a legislative rule
relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstances;
authorizing the Board of Pharmacy to promulgate a legislative rule
relating to licensure and the practice of pharmacy; authorizing the
Board of Pharmacy to promulgate a legislative rule relating to
immunizations administered by pharmacists; authorizing the Board of
Pharmacy to promulgate a legislative rule relating to the
regulation of charitable clinic pharmacies; authorizing the Board
of Physical Therapy to promulgate a legislative rule relating to
general provisions; authorizing the Board of Examiners for
Registered Professional Nurses to promulgate a legislative rule
relating to policies, standards and criteria for the evaluation and
accreditation of colleges, departments or schools of nursing;
authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to limited
prescriptive authority for nurses in advanced practice; authorizing
the Board of Respiratory Care to promulgate a legislative rule
relating to student temporary permits; authorizing the Secretary of
State to promulgate a legislative rule relating to the
administration of the address confidentiality program; authorizing
the Board of Social Work Examiners to promulgate a legislative rule
relating to a fee schedule; authorizing the Treasurer's Office to
promulgate a legislative rule relating to the selection of state
depositories for receipt accounts; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a
schedule of fees.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2009, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2832--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-2E-10, relating to critical skills
instruction programs for students in grades three and eight;
setting forth legislative findings; providing for state board rules
to effectuate section; establishing minimum provisions of rules;
providing condition for promotion for certain students under
certain circumstances; requiring suitable facilities by county
boards; preserving teacher's judgment on student retention
decisions; and preserving individualized education plans from
effect of section.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2860--A Bill to amend and reenact §22-11-4, §22-11-22, §22-11-24 and §22-11-25 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new article, designated §22-11A-1, §22-11A-2, §22-11A-3,
§22-11A-4, §22-11A-5, §22-11A-6, §22-11A-7, §22-11A-8 and §22-11A-
9, all relating to regulating the sequestration and storage of
carbon dioxide; providing for powers and duties of the Department
of Environmental Protection; providing for civil penalties and
injunctive relief; providing for criminal penalties; providing for
civil liability; setting forth legislative findings; defining
terms; specifying powers and duties; specifying carbon dioxide
permitting requirements; establishing a working group to study and
make recommendations regarding carbon dioxide sequestration; and
authorizing the promulgation of legislative rules and cooperative
agreements.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2868--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-21-12i; and amending said code by adding
thereto a new article, designated §44-16-1, §44-16-2, §44-16-3, §44-16-4, §44-16-5, §44-16-6, §44-16-7, §44-16-8 and §44-16-9, all
relating to the creation and maintenance of the West Virginia
Children With Autism Trust Fund; creating a tax credit for parents
and guardians contributing to a qualified trust fund against
personal income tax obligations; providing for the limited
carryover of unused tax credits; providing for the tax effects of
earnings, proceeds and distributions for qualifying trust funds;
making legislative findings; establishing legislative purposes;
definitions; providing for the creation of trust fund; establishing
eligibility criteria; providing mechanism for disbursements and
maintenance; creating administrative account; providing for
administration through the State Treasurer; providing for
establishment of advisory board; membership of board; establishing
reporting requirements; and providing rule-making authority.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2894--A Bill to amend and
reenact §11-21-12h of the Code of West Virginia, 1931, as amended,
relating to programs for travel on toll roads in West Virginia;
requiring West Virginia Parkways, Economic Development and Tourism Authority to establish a contiguous county transponder
account discount program for certain noncommercial commuters; and
modifying the conditions for the tax modifications available to
commuters participating in certain authority programs.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2961--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18B-1D-9; and to amend and reenact §18B-2A-1
of said code, all relating to the administration of institutions of
higher education in West Virginia generally; requiring training and
development opportunities for members of the Higher Education
Policy Commission, the Council for Community and Technical College
Education and the institutional governing boards; revising criteria
for membership of the institutional governing boards and the manner
in which the membership is determined; and requiring the governor
to consider certain factors and seek a certain balance when
appointing members.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2981--A Bill to amend and reenact §3-5-7,
§3-5-23 and §3-5-24 of the Code of West Virginia, 1931, as amended,
all relating to primary elections and nominating procedures of
third-party candidates; removing reference to general election in
provision governing declaration of candidacy for primary election;
eliminating the reference to the filing of a declaration of
candidacy in provision establishing certificate nomination
procedures; extending the filing deadline for the nomination of
certain candidates; eliminating residency requirement of persons
soliciting petition signatures; eliminating requirement that
persons signing nomination certificate state a desire to vote for
nominated candidate; permitting duly registered voters who sign
nomination certificates to vote in the corresponding primary
election; requiring persons soliciting signatures to provide
circulation dates and a signature as to each certificate page;
extending the deadline for the filing of nomination certificates
for candidates; and establishing the date by which the filing fee
must be paid.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2986--A Bill to amend and
reenact §11-22-2 of the Code of West Virginia, 1931, as amended,
relating to allowing the imposition of a tax on the transfer of
real estate within the incorporated limits of any municipality.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3017--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-15-9l, relating to exempting tax-exempt
organizations engaged in retail sales of clothing and clothing
accessories from the consumers sales tax; and authorizing the Tax
Commissioner to designate the exemption as a per se exemption, thus
exemption certificates would not be required.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3022--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-
5, §16-2L-6 and §16-2L-7, all relating to the creation of a medical
home health care plan for uninsured adults providing primary and
preventive care; the plan's cost would not exceed $40 per month per
subscriber, medical home participating providers would be paid a
capitation payment per member per month; funding to be provided by
the State of West Virginia if available, the uninsured adult and
his or her employer; providing the Director of the Public Employees
Insurance Agency with the authority to develop the plan and to
promulgate regulations, policies and procedures if resources are
available; providing that an administrative fee may be charged per
member per month to cover the administrative costs if no other
funding is made available; providing for requirements for
participating health care providers; and providing the Public
Employees Insurance Agency with the authority to suspend, revoke or
nonrenew participating providers' participation agreements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3036--A Bill to amend and
reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to notice and publication requirements for expungement
petitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3051--A Bill to amend and
reenact §16-5-29 of the Code of West Virginia, as amended; and to
amend and reenact §59-1-10 of said code, all relating to
circumstances when birth certificates and death certificates may be
provided at no cost.
Referred to the Committee on Military; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3057--A Bill to amend and
reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to
amend and reenact §15-2-25 of said code; and to amend said code by
adding thereto a new section, designated §30-29-11, all relating to
requiring qualifying law-enforcement officers employed by a West
Virginia law-enforcement agency to receive certification to carry
a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure
for a retired or medically discharged member of the State Police to
appeal a denial of a letter of authorization to carry concealed
handguns; providing that certain methods of authorization for
retired or medically discharged members of the State Police to
carry concealed handguns are cumulative; providing that a letter of
authorization for a retired or medically discharged member of the
State Police to carry concealed handguns is considered a West
Virginia concealed handgun license for the purpose of participating
in reciprocity with other states; providing that law-enforcement
agencies are neither prohibited from nor required to permit an
officer to carry his or her service weapon off duty; and requiring
West Virginia law-enforcement agencies to offer access to training
and certification for honorably retired officers to be permitted to
carry a concealed firearm nationwide as a qualified retired
law-enforcement officer as provided in the federal Law-Enforcement
Officers Safety Act of 2004.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3079--A Bill to amend and reenact §11-15-
9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the
definition of "health care provider"; and the definition of "drug"
to exempt from the consumers sales tax drugs purchased by
veterinarians to be dispensed upon prescription for the medical
treatment of animals.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3098--A Bill to amend and
reenact §23-4-8 of the Code of West Virginia, 1931, as amended,
relating to the payment of travel expenses of workers' compensation
claimants.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3120--A Bill to amend and
reenact §7-4-6 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Prosecuting Attorneys Institute;
increasing the number of elected members on the Institute's
executive council members to seven; and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or
neglect proceedings.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3134--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §3-3A-1, §3-3A-2, §3-3A-3, §3-3A-4 and §3-3A-5,
all relating to a vote by mail pilot program; requiring the
Secretary of State select five municipalities for a pilot project;
rules governing the elections; authority to conduct voting; and
termination of the pilot project.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3190--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5V-9a, relating to the purchase of previous service
of eligible emergency medical service officers who transferred into
the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS).
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3195--A Bill to amend and
reenact §16-1-4 of the Code of West Virginia, 1931, as amended,
relating to rule-making authority of the Secretary of the
Department of Health and Human Resources; and authorizing
legislative and emergency rules to establish a funding mechanism
for state aid for local health departments and to basic public
health services funds.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3240--A Bill to amend and
reenact §17F-1-2 of the Code of West Virginia, 1931, as amended,
relating to all-terrain vehicle rider safety awareness courses;
authorizing the commissioner of Motor Vehicles to authorize state
institutions of higher education to issue certificates of completion; and limiting the liability of the state institutions of
higher education which operate, own, train or promote all-terrain
vehicle rider safety awareness courses approved by the
commissioner.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3275--A Bill to amend and
reenact §23-2C-15 of the Code of West Virginia, 1931, as amended,
relating to workers' compensation insurance for state and local
governmental bodies; changing the date through which governmental
entities are required to purchase workers' compensation through the
West Virginia Employers' Mutual Insurance Company; and prohibiting
cancellation or nonrenewal of policies until a date certain, except
in certain specified circumstances.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3276--A Bill to amend and
reenact §30-13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-
13A-10, §30-13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17,
§30-13A-20, §30-13A-23, §30-13A-29, §30-13A-32 and §30-13A-36 of
the code of West Virginia, 1931, as amended, all relating to
professional surveyor license categories; clarifying that
underground surveying requires an endorsement; and clarifying
provisions related to delinquent and expired status.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3278--A Bill to amend and
reenact §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-8, §33-26A-9, §33-
26A-10 and §33-26A-18 of the Code of West Virginia, 1931, as
amended, all relating to the life and health insurance guaranty
association; making specific provision for treatment of unallocated
annuity contracts and structured settlement contracts; providing
how payments to residents and nonresidents are determined;
providing that duplicate payments not be made; excluding certain
policies, portions of policies and obligations from coverage;
setting new limits on coverage for various types of policies and contracts; defining terms; changing the composition of the annuity
and unallocated annuity accounts; eliminating the association's
power to make loans to an insolvent insurer and making other
changes to its powers and duties; increasing the permissible
maximum annual pro rata assessment; setting forth a process for the
protest of assessments; mandating that members comply with requests
for information from the association; requiring that the plan of
operation include provisions for removing a director for cause and
addressing conflicts of interest; and increasing the length of the
stay of court proceedings involving an insolvent insurer.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3305--A Bill to amend and
reenact §62-12-6 of the Code of West Virginia, 1931, as amended,
relating to the powers and duties of probation officers;
authorizing probation officers to arrest persons who violate
conditions of probation or supervised release; eliminating the
authority of probation officers to collect money; eliminating the
requirement that probation officers post bond; and specifying the
manner in which probation officers may exercise the power to arrest probationers and persons under their supervision.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3313--A Bill to amend and
reenact §18-9-6 of the Code of West Virginia, 1931, as amended,
relating to allowing depositories and banks to meet the security
requirement necessary to be a depository for boards of education by
providing a letter of credit from a federal home loan bank.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3314--A Bill to amend and
reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as
amended, all relating to concealed handgun licensing generally;
clarifying scope of license; requiring reissue application to be
ruled on within forty-five days; eliminating social security number
from issued license; related to the honoring of concealed handgun
licenses issued by another state; and requiring that a potential
reciprocating state's licensure standards be similar to or greater than those of this state.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3337--A Bill to amend and reenact §3-8-1a
and §3-8-8 of the Code of West Virginia, 1931, as amended, all
relating to the regulation and control of elections; amending the
definition of "express advocacy" and "targeted to the relevant
electorate"; and creating an exception to the ban on corporate
political activity for qualified nonprofit corporations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3339--A Bill to amend and
reenact §22-16-12 of the Code of West Virginia, 1931, as amended,
relating to facilitate the complete closure of the Gwinn, or
otherwise known as the Midwest Landfill, located in Summers County,
by having the Secretary of the Department of Environmental
Protection place said closure as a top priority use of Solid Waste
Facility Closure Cost Assistance Fund moneys.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on April 1, 2009, he had approved
Enr.
Senate Bill No. 329, Enr. Senate Bill No. 410 and
Enr. House Bill
No. 3083.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 34, Requesting Division of
Highways name portion of U. S. 52 "R. A. West Memorial Highway".
Senate Concurrent Resolution No. 35, Requesting Division of
Highways name bridge in Mercer County "Staff Sergeant Stanley Brian
Reynolds Memorial Bridge".
Senate Concurrent Resolution No. 38, Requesting Division of
Highways name Route 9 from Martinsburg to Berkeley Springs "Ray
Johnston Memorial Highway".
Senate Concurrent Resolution No. 43, Requesting Division of
Highways name bridge in Grafton "Bearcat Bridge".
Senate Concurrent Resolution No. 44, Requesting Division of
Highways name Route 3 in Racine "Barry Lutsy Memorial Highway".
Senate Concurrent Resolution No. 46, Requesting Division of
Highways name bridge in Braxton County "Harold V. Long Memorial
Bridge".
Senate Concurrent Resolution No. 48, Requesting Division of
Highways name bridge in Mercer County "Corporal Ray B. Cheatwood,
Jr., Memorial Bridge".
And,
House Concurrent Resolution No. 4, CBM Howard W. Bannister
Memorial Bridge.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Resolution No. 17, Requesting Congress reexamine law
regarding children's recreational vehicles.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Resolution No. 17 (originating in the
Committee on Transportation and Infrastructure)--Requesting the Congress of the United States review and revise a federal law which
has seriously affected the sales of off-road motorcycles and other
recreational vehicles designed for children.
Whereas, In an effort to protect the health and safety of
children from the excessive amounts of lead found in toys made in
China, the Congress of the United States enacted a law which banned
the sale of products from foreign counties aimed at children if
they contained more than 600 parts per million of lead; and
Whereas, Lead is found in steel and other metal alloys on the
frame, motor and multiple parts of off-road motorcycles and
recreational vehicles built for young riders; and
Whereas, While most motorcycles and recreational vehicles are
made overseas, there are tens of thousands of jobs attached to the
industry in the United States; and
Whereas, More than 13,000 power sports dealers sell products
in the United States, employing an estimated 124,000 people; and
Whereas, An industry trade publication estimates that the
value of inventory at United States dealers that can no longer be
sold probably exceeds $100 million and that the industry has
millions of dollars worth of parts now in production that cannot be
sold; and
Whereas, In this time of financial crisis, every effort should
be made to preserve most facets of our business community in order to help preserve jobs and stabilize our economy; and
Whereas, While every effort should be taken to protect the
health and safety of our young children, we should also consider
the effect such legislation will also have on an industry that is
unrelated to toys; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the Congress of the United
States to review and revise a federal law which has seriously
affected the sales of off-road motorcycles and other recreational
vehicles designed for children; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia's congressional
delegation.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2069, Increasing the faculty senate
allotment for classroom teachers and librarians.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Education.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2335, Relating to the
federal "Yellow Ribbon G. I. Education Enhancement Program".
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2335) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator White, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. House Bill No. 2474, Exempting land-based finfish
aquaculture facilities from certain sludge management requirements.
Eng. House Bill No. 2541, Including poultry among those
domesticated farm animals or stock which the owner shall be liable
for damages caused by those animals.
And,
Eng. Com. Sub. for House Bill No. 2690, Updating language
pertaining to indemnity for the death of diseased or infected
animals.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator White, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. House Bill No. 2651, Repealing article regulating male
breeding animals.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry
Self-Improvement Act of 1984.
And,
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated
provisions from the WV Code relating to vinegars.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
C. Randy White,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy
Sheriff Retirement System Act.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State Teachers Retirement System.
And,
Eng. House Bill No. 2734, Relating to minimum guarantees
provided to members who elected to transfer from the Teachers'
Defined Contribution System to the Teachers' Retirement System.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Pensions.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2757, Relating to financial
audits of insurers.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 3082, Relating to the
gathering and reporting of foreclosure data and statistics.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2770, Relating to the
Emergency Medical Services Retirement System Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Pensions pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for
higher education.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2904) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 2950, Creating the Neighborhood Housing
and Economic Stabilization Program for low-income minority
neighborhoods.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Economic Development pending.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Eng. House Bill No. 3066, Clarifying the supervision
requirements for elevator apprentices under elevator safety.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Edgell, Foster and Oliverio offered the following
resolution:
Senate Concurrent Resolution No. 51--Requesting the Joint Committee on Government and Finance study the potential beneficial
use of alternative fuels and biofuels by state government and
private industry.
Whereas, The increased usage of domestically produced
alternative fuels and biofuels reduces dependence on oil supplies
and provides positive environmental benefits to the State of West
Virginia and results in a reduction of greenhouse emissions; and
Whereas, The use of alternative fuels and biofuels by state
government and private industry creates economic opportunity for
the in-state production of alternative fuels and biofuels, such as
coal-to-liquids and biodiesel, and the use of alternative fuels and
biofuels provides the opportunity for the state to create new jobs
in a green industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the potential beneficial use of alternative
fuels and biofuels by state government and private industry; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from state agencies and private industry on
potential uses of alternative fuels and biofuels in vehicle fleets
and industrial processes; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Boley, Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Wells, Williams, Yost and Fanning offered the following
resolution:
Senate Resolution No. 50--Recognizing the importance of the
coal mining industry in West Virginia and requesting West
Virginia's congressional delegation to support the coal industry.
Whereas, The Legislature works tirelessly to improve the
quality of life for the citizens of the Mountain State; and
Whereas, Coal mining has been, and continues to be, one of the
primary industries responsible for the economic success of West
Virginia and its citizens; and
Whereas, Before the national economic downturn, severance tax
collections from coal were at record levels, contributing to a
budget surplus at the state and county levels; and
Whereas, All 55 counties continue to receive a local share of
coal severance dollars to support county, local and municipal
budgets; and
Whereas, County governments and county school systems
throughout the state rely on the taxes from coal companies and coal
miners to fund many valuable programs, including public education,
ambulance services and law enforcement; and
Whereas, Thousands of West Virginians are employed, either
directly or indirectly, by the coal mining industry which generates
payrolls totaling over $2 billion; and
Whereas, The loss of any of West Virginia's coal mines and the
loss of any mining-related employment ultimately results in
significant harm to all West Virginians; and
Whereas, Surface coal mining, including the practice of
mountaintop removal, currently represents forty-two percent of the
total coal production in West Virginia; and
Whereas, Engrossed Senate Bill No. 375 provides for master
land use plans to be developed in all counties where surface mining
takes place, with greater focus provided by the Coalfield Economic
Development Office on renewable and alternative fuel sources, highways and residential areas; and
Whereas, Actions and inactions by federal regulatory agencies
which have had the effect of closing surface coal mines are more
frequent and result in the loss of hundreds of mining and other
jobs in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the importance of the coal
mining industry in West Virginia and requests West Virginia's
congressional delegation to support the coal industry; and, be it
Further Resolved, That the Senate supports the continued
mining of coal in West Virginia, including surface mining by all
methods recognized by state and federal law, and is prepared to
cooperate with all federal agencies in an effort to resolve quickly
any outstanding issues which are preventing the mining of coal and
which are contributing to the loss of jobs in West Virginia; and,
be it
Further Resolved, That the Senate requests West Virginia's
congressional delegation to make every effort possible to assist in
securing the needed cooperation from federal agencies to allow the
continuation of the mining of coal and to protect the jobs of coal
miners and others who derive their employment from the coal
industry; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Coal Association and
West Virginia's congressional delegation.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Deem, Kessler, Helmick, Caruth,
Snyder, Bowman and Stollings regarding the adoption of Senate
Resolution No. 50 were ordered printed in the Appendix to the
Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 52 (originating in the
Committee on Transportation and Infrastructure)--Requesting THE
Joint Committee on Government and Finance study the registration
and operation of mini-trucks.
Whereas, Certain motor vehicles commonly referred to as "mini-
trucks" are designed primarily for off-road use and do not meet the
normal federal air emission and safety standards; and
Whereas, Municipalities and other political subdivisions have
requested that legislation be enacted to authorize the use of mini-
trucks on certain roads with relatively low speed limits for
parking enforcement or other limited purposes; and
Whereas, Farmers and certain other persons have requested that
legislation be enacted to authorize the use of mini-trucks on
certain roads with relatively low speed limits in conjunction with
mostly off-road farming uses or in conjunction with certain other
mostly off-road uses; and
Whereas, The public welfare and economic benefits of allowing
the use of mini-trucks for these and similar limited on-road
purposes should be examined in light of the continuing need to
protect public health and safety on the roads of this state;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the registration and operation of mini-trucks;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Senate Concurrent Resolution No. 53 (originating in the
Committee on Transportation and Infrastructure)--
Requesting the
Joint Committee on Government and Finance study the State Rail Plan
and the possible expansion of the plan, in addition to the funding,
manpower, compliance issues regarding short-line railroads and the
possible need for increased authority of the State Rail Authority.
Whereas, The State Rail Authority is responsible for funding
and maintaining short-line railroads owned by the state; and
Whereas, The State Rail Plan has not been reviewed and updated
for some time; and
Whereas, The time has come that the state should consider the
need to expand the use of short-line railroads and the associated
issues related to the State Rail Authority, including such items as
manpower, authority, expansion, commuter rail service such as the
Maryland Area Regional Commuter (MARC) train service in this state,
intermodal transportation in conjunction with the West Virginia Public Port Authority and compliance with federal regulations; and
Whereas, The Legislature recognizes the need to conduct a
study into the possible future of the State Rail Authority and the
need for a short-line railroad funding program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the State Rail Plan and the possible expansion
of the plan, in addition to the funding, manpower, compliance
issues regarding short-line railroads and the possible need for
increased authority of the State Rail Authority; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And,
Senate Concurrent Resolution No. 54 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Joint Committee on Government and Finance study public policy initiatives that promote the development and implementation of
green building standards, green energy workforce and energy demand-
side management in the public and private sectors, as well as
potential tax credits.
Whereas, President Barack Obama initiated a significant
catalyst to the green energy economy through the commitment of
billions of federal dollars; and
Whereas, The creation of further demand for skilled trained
green jobs and products is imperative to future economic
development in the state; and
Whereas, Educational and training programs within the
community college/vocational-technical system serve as the catalyst
for the development of green jobs; and
Whereas, The development of energy demand-side best practices
will generate savings for both public and private sector
organizations; and
Whereas, Several public sector entities, such as the School
Building Authority and Courthouse Facilities Improvement Authority,
currently possess the capability and programmatic structure
conducive to the development and implementation of energy demand-
side best practices; and
Whereas, The United States Green Building Council has
developed standards known as the Leadership in Energy and Environmental Design standards; and
Whereas, Further review and determination of the most relevant
and useful green building standards is critical to any energy
demand-side management policy and program; and
Whereas, The availability of credits against certain state
taxes, such as the West Virginia corporation net income tax, the
business franchise tax and the West Virginia personal income tax,
for placing in service certain energy efficient buildings, such as
those buildings that comply with designated requirements of the
federal Energy Star programs, would encourage the construction or
rehabilitation of energy-efficient buildings in this state;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study public policy initiatives that promote the
development and implementation of green building standards, green
energy workforce and energy demand-side management in the public
and private sectors, as well as potential tax credits; and, be it
Further Resolved, That the Joint Committee on Government and
Finance may seek input and information from experts and other
resources appropriate to this study; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 55 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the advisability of enacting
legislation regulating walkways along railroads where railroad
employees are regularly required to walk.
Whereas, Over the last several years numerous bills have been
introduced which would regulate walkways along railroads where
employees must regularly walk; and
Whereas, A legal question exists as to whether such regulation
is federally preempted; and
Whereas, Decisions of various United States Courts of Appeal
are split on the issue; and
Whereas, The disagreement between the opinions of the various
United States Circuit Court of Appeals may be resolved by the
United States Supreme Court within the next one to two years; and
Whereas, Should the United States Supreme Court rule that
regulation of walkways is not preempted by federal law, the
Legislature might desire to regulate in this area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study
the advisability of enacting legislation
regulating walkways along railroads where railroad employees are
regularly required to walk; and, be it
Further Resolved,
That the West Virginia Public Service
Commission shall undertake a comprehensive study on the
advisability of regulating railroad walkway construction and
maintenance, should the United States Supreme Court allow it, and
to report its results to the Joint Committee on Government and
Finance before the first day of the 2010 regular session of the
Legislature; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 286,
Expanding prepaid limited health service organizations services.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 649, Increasing Capitol Building
Commission membership.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 768, Relating to prescription drug product
liability claims.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on the Judiciary.
Senate Bill No. 769, Prohibiting possession, sale, importation
and distribution of dissolvable tobacco products.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Plymale, Deem,
Jenkins, Bowman and Helmick.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Plymale were ordered printed in the
Appendix to the Journal.
At the request of Senator Plymale, unanimous consent being
granted, the remarks by Senator Jenkins were ordered printed in the
Appendix to the Journal.
At the request of Senator Caruth, and by unanimous consent,
the remarks by Senator Deem were ordered printed in the Appendix to
the Journal.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, April 3, 2009, at 11 a.m.
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